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Decision No. 14,918

Appeal of RITA AGHADIUNO, on behalf of her son CHUKWUDI IHEKWABA, from action of the Board of Education of the Wappingers Central School District regarding transportation.


Decision No. 14,918


(August 12, 2003)


Donoghue, Thomas, Auslander & Drohan, attorneys for respondent, Daniel Petigrow, Esq., of counsel


CATE, Acting Commissioner.--Petitioner appeals the determination of the Board of Education of the Wappingers Central School District ("respondent") to transport her son to the nonpublic school that he attends on a bus route with children who attend a different nonpublic school.  The appeal must be dismissed.

Petitioner contends that respondent"s decision to "bundle" for transportation purposes students who attend her son"s school with those who attend another nonpublic school is unfair and discriminatory.  She alleges that respondent"s routing decision results in an unnecessarily long commute for her son and others.  Respondent asserts that the bus route is a reasonable use of district resources.

An appeal to the Commissioner must be commenced within 30 days from the making of the decision or the performance of the act complained of, unless any delay is excused by the Commissioner for good cause shown (8 NYCRR "275.16; Appeal of Recore, 42 Ed Dept Rep __, Decision No.  14,856; Appeal of Phillips, 40 id. 241, Decision No. 14,471).  Respondent advised petitioner of her son"s bus route and pickup time for the 2002-2003 school year in August 2002.  Petitioner served the petition on April 2, 2003, seven months beyond the 30-day period.  Petitioner offers no excuse or reason for the delay.  Therefore, the appeal must be dismissed as untimely.